SGS : US EPA Issues Final Rules for Five Hazardous Substances Under TSCA

Final rules for five hazardous chemicals have been published by the U.S. EPA. These became effective on February 5, 2021.

SAFEGUARDS | Consumer ProductsNO. 019/21

In January 2021, the U.S. Environmental Protection Agency (US EPA) published five final rules in the federal register (86 FR 866-932) to regulate five persistent, bioaccumulative and toxic (PBT) chemicals under Section 6(h) of the Toxic Substances Control Act (TSCA).

These PBT chemicals are:

• 2,4,6-Tris(tert-butyl)phenol (2,4,6-TTBP, CAS 732-26-3) - an antioxidant in fuel additives and fuel injector cleaners as well as an additive in oil and lubricants
• Decabromodiphenyl ether (DecaBDE, CAS 1163-19-5) - a flame retardant with applications in wire and cable rubber casings, textiles, electronic equipment casings, building and construction materials, and imported articles such as aerospace and automotive parts
• Phenol, isopropylated phosphate (3:1) (PIP 3:1, CAS 68937-41-7) - a flame retardant in plastics and as a functional fluid in aircraft and industrial machinery
• Pentachlorothiophenol (PCTP, CAS 133-49-3) - a substance with applications in the rubber industry
• Hexachlorobutadiene (HCBD, CAS 87-68-3) - a solvent in rubber manufacturing and in hydraulic, heat transfer or transformer fluid

These final rules amend Subpart E - Persistent, Bioaccumulative, and Toxic Chemicals to 40 CFR 751 on Regulations of Certain Chemical Substances and Mixtures Under Section 6 of the Toxic Substances Control Act (40 CFR 751). The latest revisions contain provisions relating to, among other things, restrictions, prohibitions, record keeping, phase-in prohibitions for specific uses of DecaBDE and DecaBDE-containing products or articles, phase-in prohibitions for specific uses of PIP (3:1) and PIP (3:1)-containing products and articles, exemptions as well as downstream notifications for safety data sheets (SDSs) or on the label of PIP (3:1) and PIP (3:1)-containing products.

Highlights of the final rule for each of these five PBT chemicals are summarized in Tables 1 to 5.

Environmental Protection Agency, 86 FR 866, Final Rule, January 6, 2021 40 CFR Part 751 '2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP); Regulation of persistent, bioaccumulative, and toxic chemicals under TSCA Section 6(h)
Entry	Scope	Requirement	Effective Date
1	Distribution in containers with a volume of less than 35 gallons	≤ 0.3%	January 6, 2026
2	Processing and distribution in oil and lubricant additives	≤ 0.3%	January 6, 2026
3	Distributors to maintain ordinary business records related to compliance with the prohibitions/restrictions and other provisions in § 751.409	Record keeping for three years after record has been generated	January 6, 2026

Table 1. 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP)

Environmental Protection Agency, 86 FR 880, Final Rule, January 6, 2021 40 CFR Part 751 'Decabromodiphenyl ether (DecaBDE); Regulation of persistent, bioaccumulative, and toxic chemicals under TSCA Section 6(h)
Entry	Scope	Requirement	Effective Date
1	Manufacturing and processing of DecaBDE or DecaBDE-containing products or articles¹,²	Prohibited	March 8, 2021
2	Manufacturers, processers and distributors of DecaBDE or DecaBDE-containing products or articles to maintain ordinary business records related to compliance with the prohibitions/restrictions and other provisions in § 751.405	Record keeping for three years after record has been generated (not required for footnotes 1 & 2)	March 8, 2021
3	Distribution of DecaBDE or DecaBDE-containing products or articles	Prohibited	January 6, 2022
4	Manufacturing, processing and distribution for use in curtains in the hospitality industry, and the curtains to which DecaBDE has been added	Prohibited	July 6, 2022
5	Processing and distribution for use in wire and cable insulations in nuclear power generation facilities, and DecaBDE-containing wire and cable insulations	Prohibited	January 6, 2023
6	Manufacturing, processing and distribution for use in parts installed in and distributed as part of new aerospace vehicles, and parts for such vehicles³	Prohibited	January 8, 2024
7	Manufacture, processing and distribution of DecaBDE-containing replacement parts for motor vehicles	Prohibited	2036 or after the end of vehicles service lives, whichever is earlier
¹After the end of the pallets' service life, prohibits the distribution of DecaBDE-containing plastic shipping pallets that were manufactured before March 8, 2021 ²Exempts processes and distribution for recycling of DecaBDE-containing plastic from products or articles and DecaBDE-containing products or articles made from such recycled plastic ³After the end of aerospace vehicles service lives, prohibits importing, processing and distribution of the following: DecaBDE-containing aerospace vehicles before January 8, 2024 DecaBDE-containing replacement parts for aerospace vehicles

Table 2. Decabromodiphenyl ether (DecaBDE)

Environmental Protection Agency, 86 FR 894, Final Rule, January 6, 2021 40 CFR Part 751 'Phenol, Isopropylated phosphate (3:1) (PIP 3:1); Regulation of persistent, bioaccumulative, and toxic chemicals under TSCA Section 6(h)
Entry	Scope	Requierment	Effective Date
1	Processing and distributing PIP (3:1), including PIP (3:1)-containing products or articles¹,²	Prohibited	March 8, 2021
2	Manufacturers, processers and distributors of PIP (3:1) or PIP (3:1)-containing products or articles to maintain ordinary business records related to compliance with the prohibitions/restrictions and other provisions in § 751.407	Record keeping for three years after record has been generated (not required for activities in last 2 exemptions)	March 8, 2021
3	Release to water during manufacturing, processing and distribution	Prohibited	March 8, 2021
4	Photographic printing articles	Prohibited	January 1, 2022
5	Adhesives and sealants	Prohibited	January 6, 2025
¹Exemptions: Hydraulic fluids for aviation or military Lubricants and grease New and replacement parts for motor and aerospace vehicles Manufacture of cyanoacrylate adhesives in closed systems Specialized engine air filters for locomotive and marine applications Plastic for recycling from PIP (3:1)-containing products or articles Finished goods or articles made of plastic recycled from PIP (3:1)-containing products or articles ²Downstream notification requirements, including language in safety data sheets (SDSs) or labels for PIP (3:1) or PIP (3:1)-containing products

Table 3. Phenol, isopropylated phosphate (3:1) (PIP, 3:1)

Environmental Protection Agency, 86 FR 911, Final Rule, January 6, 2021 40 CFR Part 751 'Pentachlorothiophenol (PCTP); Regulation of persistent, bioaccumulative, and toxic chemicals under TSCA Section 6(h)
Entry	Scope	Requirement	Effective Date
1	Manufacturing and processing of PCTP or PCTP-containing products or articles	Prohibited unless concentrations are ≤ 1%	March 8, 2021
2	Manufacturers, processers and distributors of PCTP or PCTP-containing products or articles to maintain ordinary business records related to compliance with the prohibitions/restrictions and other provisions in § 751.411	Record keeping for three years after record has been generated	March 8, 2021
3	Distribution of PCTP or PCTP-containing products or articles	Prohibited unless concentrations are ≤ 1%	January 6, 2022

Table 4. Pentachlorothiophenol (PCTP)

Environmental Protection Agency, 86 FR 922, Final Rule, January 6, 2021 40 CFR Part 751 'Hexachlorobutadiene (HCBD); Regulation of persistent, bioaccumulative, and toxic chemicals under TSCA Section 6(h)
Entry	Scope	Requirement	Effective Date
1	Manufacturing, processing and distribution of HCBD or HCBD-containing products or articles¹	Prohibited	March 8, 2021
2	Manufacturers, processers and distributors of HCBD or HCBD-containing products or articles to maintain ordinary business records related to compliance with the prohibitions/restrictions and other provisions in § 751.413	Record keeping for three years after record has been generated	March 8, 2021
1Exemptions: Unintentional production of HBCD as a byproduct in the manufacture of chlorinated solvents Processing and distribution of HBCD for burning as a waste fuel

Table 5. Hexachlorobutadiene (HCBD)

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